Howell v. Roueche

On Application for Rehearing.

STAKELY, Justice.

Our attention has been called to the fact that the appellee’s brief on the original *88submission was filed sixteen days after submission of the cause. We are asked in accordance with Supreme Court Rule 38, Code 1940, Tit. 7 Appendix, to disregard the application for rehearing filed by the appellee. We have a discretion, however, in applying Rule 38, Metropolitan Life Ins. Co. v. Magouirk, 31 Ala.App. 5, 11 So.2d 462, certiorari denied 243 Ala. 626, 11 So.2d 466, and feel that the ends of justice would be better served if we consider the application…